Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
15th day of December 2022
CC 723/19 filed on 28/12/19
Complainant : Dileep.K.D, Kannathery House, Uzhuvathu kadavu,
Kodungallur.P.O, Thrissur.
(By Adv. A.D.Benny, Thrissur)
Opposite Party : Proprietor, Gulan Motors, P.O.Eriyadu,
Thrissur- 680 666.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) The complainant purchased a Unicorn 152 bike from 1st opposite party vide bill No.1201 dated 15/06/19 for Rs.97,000/-. The bike was delivered after a month of paying the entire sum. The registration of the bike was not done till date even though he made repeated demands with the opposite party. The act of the opposite party amounts to deficiency in service and so he caused a lawyer notice. Since it yielded no result, this complaint filed.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced five documents which are marked as Ext.A1 to A5.Ext. A1 is the booking sheet dated 15/06/2019; Ext.A2 is the copy of lawyer notice; Ext.A3 is the acknowledgment card; Ext.A4 is copy of certificate of registration dated 31/03/2020 and Ext.A5 is cover from Motor Vehicles Department in which the Certificate of registration sent.
4) Gist of the case is that the opposite party failed to provide adequate service to get the bike registered from concerned government department. During the course of trial complainant produced Ext.A4 RC book. While going through Ext.A4, it is seen that the date of registration was 31/03/2020. Ext.A1 proves that the vehicle was purchased on 15/06/19 and the complainant adduced oral evidence to the extent that the vehicle was delivered after one month of Ext.A1. The prayer with regard to repayment of purchase price under the strength of non registration of vehicle stands not considerable but it has been proved that there is considerable delay in getting the vehicle registered as proved by Ext.A4 and A5. We find that such delay amount to deficiency in service. Moreover, the complainant proved his mental agony and loss sustained due to the deficiency of service entitling him to be compensated by the opposite party herein.
In the result complaint partly allowed and hereby direct the opposite party to pay Rs.50,000/- (Rupees Fifty thousand only) as compensation and Rs.2,500/- (Rupees Two thousand five hundred only) as cost to the complainant within one month from the date of this order. Failing in which the entire amount carry 9% interest from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 15th day of December 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 the booking sheet dated 15/06/2019.
Ext.A2 the copy of lawyer notice.
Ext.A3 the acknowledgment card.
Ext.A4 copy of certificate of registration dated 31/03/2020.
Ext.A5 cover from Motor Vehicles Department in which the Certificate of
registration sent.
Id/-
Member
